A defendant who admitted he fired multiple gunshots into rooms occupied by two persons was properly convicted of two counts of shooting into an occupied building. Although he argued the shots were part of one continuous act and could not ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

A bus driver who injured her lower back and hip after falling down the steps of a bus she was cleaning was entitled to workers’ compensation benefits for treatment of those injuries but was not entitled to benefits for neck ...

Tagged with: Judge Robert P. Frank Virginia Court of Appeals Workers' Compensation

The court found a foundation repair company that repeatedly failed to obtain building permits or inspections and was sanctioned by the Department of Professional and Occupational Regulation for its eighth violation had notice of the board’s range of sanctions and ...

Tagged with: Administrative Judge Robert P. Frank Virginia Court of Appeals

In dismissing a direct appeal, the court noted that because a trial judge granted the defendant the relief he requested, it was up to the Department of Juvenile Justice to comply with the judge’s order, so the defendant’s grievance was ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Because a tip that the defendant possessed heroin came from a reliable informant who never had provided police with inaccurate information, the officers had probable cause to stop and search for drugs. Background On the morning of March 23, 2016, ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Even if a trial court erred in admitting the government’s expert in a DUI trial, there was overwhelming evidence that the defendant drank enough alcohol to be found guilty of driving while intoxicated. Background On Nov. 29, 2015, appellant’s vehicle ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Evidence was sufficient to prove that the defendant conspired with his co-defendant to collect a debt through intimidation, including with a firearm. Background Appellant Jahsaad Livingston was tried jointly with his co-defendant, Therin Mason Miller-Jones. For several months in 2015, ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

The court of appeals could not review the trial court’s fee award because it arose out of the trial court’s unreviewable decision that a party was not in contempt. Background In 2013, the parties entered into a separation agreement, which ...

Tagged with: Civil Procedure Domestic Relations Family Law Judge Robert P. Frank Virginia Court of Appeals

After intentionally running her car into her former boyfriend while he was riding his bike, the defendant was properly convicted of both improper driving and malicious wounding. Background On September 20, 2013, Appellant Kashawna Moore followed Edward Neal, her ex-boyfriend, ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

The circuit court erred in allowing the Commonwealth to prosecute two different firearms offenses, where Code § 18.2-280(E) required prosecutors to choose one or the other. Background On the night of March 3, 2016, shooting broke out at Club Paradise ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals